HomeMy WebLinkAbout12/15/09DECEMBER 15, 2009
At a Regular Meeting of the Board of Commissioners, held on Tuesday, December 15, 2009,
at 5:30 p.m., Mayor Paxton presided, and upon call of the roll by the City Clerk, the
following answered to their names: Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). Commissioner Abraham was absent (1).
PRESENTATION
GROSS RECEIPTS STUDY (GROSS RECEIPTS VS. NET PROFITS) — BOBBY
MARTIN, CPA
Mr. Martin was hired by the City to determine the best way for the City to calculate the
occupational license fee by using net profit or gross receipts figures. He informed the
Commission that it has taken longer because before 2008 license renewal the City did not
receive tax returns from businesses showing their net profits. Now that 2 years of
information has been received to use for the study, he will be coming back to the City with a
report sometime in February 2010. In Mr. Martin's report, he will propose a rate that could
be used if the City changes from gross receipts to net profits that will keep revenues received
by the City to stay approximately the same as it would be under the current process.
MINUTES
Commissioner Gault offered motion, seconded by Commissioner Kaler, that the reading of
the Minutes for the December 8th, 2009, meeting be waived and that the minutes of said
meetings prepared by the City Clerk be approved as written.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4)
APPOINTMENTS
PADUCAH-McCRACKEN COUNTY CONVENTION AND VISITORS BUREAU
Mayor Paxton made the following reappointment: "WHEREAS, subject to the approval of
the Board of Commissioners, I hereby reappoint Maurie McGarvey as a member of the
Paducah -McCracken County Convention and Visitors Bureau. This term will expire
December 31, 2012."
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners approve the action of Mayor Paxton in reappointing Maurie McGarvey as a
member of the Paducah -McCracken County Convention and Visitors Bureau.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4).
RESOLUTION
BOND REIMBURSEMENT FOR REAL ESTATE FOR SPORTS PARK COMPLEX,
PURCHASE OF PAVILION AND RELATED EXPENSES, ACQUISITION OF EX.
INN, EX. INN LIENS, EX. INN DEMOLITION
Mayor Paxton offered motion, seconded by Commissioner Kaler, that a Resolution entitled,
"A RESOLUTION OF THE CITY OF PADUCAH, KENTUCKY, MAKING
DECLARATION OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENT OF
TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE
FROM SUBSEQUENT BORROWINGS," be adopted.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4).
MOTIONS
R & F DOCUMENTS
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the following
documents and bids be received and filed:
DOCUMENTS
Certificates of Insurance:
a) D.S. Contractors Inc.
b) Stringfellow Inc.
Right of Way Bond:
a) D.S. Contractors Inc.
2. Contracts/Agreements:
DECEMBER 15, 2009
a) Stringfellow Inc. for Purchase of a Front Loading Refuse Collection Chassis
and Body (2009-11-7632)
b) Evergreen Services of Paducah d/b/a/ Roth Funeral Chapel for an Amendment
to Lease (2009-12-7635)
3. Paducah Water Financial Highlights for October 2009
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4).
MUNICIPAL ORDERS
PERSONNEL CHANGES
Commissioner Gault offered motion, seconded by Commissioner Kaler, that upon the
recommendation of the City Manager, the Board of Commissioners of the City of Paducah
order that the personnel changes on the following list be approved.
(SEE MUNICIPAL ORDER BOOK)
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4).
SALE OF SURPLUS PROPERTY AT 618 TENNESSEE STREET
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that a Municipal
Order entitled, "A MUNICIPAL ORDER APPROVING THE SALE OF REAL PROPERTY
LOCATED AT 618 TENNESSEE STREET IN THE AMOUNT OF $500 TO ROCKY
MASSEY, be adopted.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). M.O.#1502; BK 8; PG
APPROVE HEALTH INSURANCE SUMMAR PLAN DESCRIPTION — INVESTOR
& ELITE PLAN, DENTAL AND VISION PLAN
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that a Municipal
Order entitled, "A MUNICIPAL ORDER AMENDING THE SUMMARY PLAN
DESCRIPTION WITH HUMANA, EFFECTIVE JANUARY 1, 2010, FOR THE CITY OF
PADUCAH'S HEALTH INSURANCE PLAN FOR FULL-TIME EMPLOYEES," be
adopted.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). M.O.91503; BK 8; PG
APPROVE DEPENDENT CARE SPENDING ACCOUNT PLAN DOCUMENT
Commissioner Gault offered motion, seconded by Commissioner Kaler, that a Municipal
Order entitled, "A MUNICIPAL ORDER ADOPTING THE CITY OF PADUCAH'S
DEPENDENT CARE ASSISTANCE PROGRAM SUMMARY PLAN DESCRIPTION
FOR ALL FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH," be adopted.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). M.O.#1504; BK 8; PG
AMENDING WELLNESS PROGRAM
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that a Municipal
Order entitled, "A MUNICIPAL ORDER AMENDING THE WELLNESS PROGRAM FOR
FULL-TIME EMPLOYEES AND SPOUSES OF THE CITY OF PADUCAH EFFECTIVE
JANUARY 1, 2010," be adopted.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). M.O.41505; BK 8; PG
CONVENTION CENTER CORPORATION FUNDING REQUEST
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that a Municipal
Order entitled, "A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE
FINANCE DIRECTOR TO TRANSFER $75,000 FROM THE COMMISSION
CONTINGENCY ACCOUNT TO THE CONVENTION CENTER CORPORATION
ACCOUNT TO BE USED FOR OPERATING EXPENSES," be adopted.
DECEMBER 15, 2009
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). M.O.#1506; BK 8; PG
STATEMENT BY COMMISSIONER ABRAHAM
The following statement was read by the City Clerk upon the request of Commissioner
Abraham.
To Whom It May Concern:
Due to an out of town family obligation, I am unable to attend the city commission meeting Tuesday,
December 15.
There are several important items on the agenda that I would like to comment on:
1. The Executive Inn- As we have all watched and waited for something positive to happen with
the hotel, nothing has. I believe, with the previous investments both city and county
governments have already made in the convention center, it is in the best interest to control
what will happen with the Executive Inn. We just have to see this through to the end. I am
cautiously in favor of the action that will be taken by my fellow commissioners.
2. The Pavilion- It seems that every year, right after the quilt show, we all sit on the edge of our
seats waiting to see if Paducah will retain this most important economic boost to our city.
The commitment by AQS to be here through 2014 is very important to many businesses in
this city. The additional 40,000 square foot pavilion is justified in lieu of AQS's
commitment. The pavilion will be owned by the city of Paducah and can be used for other
venues. I am in favor of the action taken to purchase the pavilion.
3. The Soccer Complex -We are indeed in very precarious times. I am not in favor, at this time,
of spending $900,000 on property, in the county. I am especially NOT in favor of spending
$130,000.00 over the appraisal price of said property. With everything else on our'to do' list
needing attention, this Soccer Complex needs to wait. I am not in favor.
Commissioner Abraham
Executive Inn
Executive Director of Paducah Renaissance Alliance Steve Doolittle gave a short powerpoint
presentation. He summarized how important tourism is to Paducah, the importance of the
Convention Center and Expo Center and he covered the history and ownership of the Ex. Inn.
He stressed the goal is to retain the AQS National Quilt Show. Some of the key issues that
the City is facing are the riverfront development, downtown development and the proximity
of the hotel/convention center area to the Lowertown Arts District. Once the ownership is
transferred the City will need to make the decision if the hotel will be demolished. If yes,
liquidation of hotel items will need to take place first. The Paducah Riverfront Development
Authority will act as the lead development agency to ascertain the development of the hotel
area and will be the lead in getting a masterplan developed.
Meredith Schroeder, owner of the AQS Quilt Museum and cofounder of the AQS National
Quilt Show, gave a statement committing to keeping the Quilt Show in Paducah for 5 years if
the contract terms stay the same as they are now. Within that contract the City agrees to
provide a pavilion to be used by the Quilt Show for vendor space since the Executive Inn will
no longer be utilized for vendor space.
Mayor Paxton praised the Commission for the hard work and dedication they have given
regarding the Executive Inn situation over the last two years.
ORDINANCES — ADOPTION
EX. INN
PURCHASE OF EXECUTIVE INN
Commissioner Gault offered motion, seconded by Commissioner Kaler, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND APPROVING THE ACQUISITION OF ALL LEASEHOLD
RIGHTS, IMPROVEMENTS, AND PERSONALTY USED IN CONNECTION
WITH THE OPERATION OF THE HOTEL AND CONVENTION CENTER
FACILITIES KNOWN GENERALLY AS THE `EXECUTIVE INN" AND THE
SETTLEMENT OF ALL VALID LIENS AND UTILITIES ENCUMBERING THE
FACILITIES, FOR THE PUBLIC PURPOSE OF PROMOTING AND FOSTERING
TOURISM AND CONVENTION ACTIVITY." This ordinance is summarized as
follows: This Ordinance authorizes the City of Paducah, Kentucky, to purchase all
right, title and interest of Logan Asset Backed Fund, L.P., a Delaware limited
DECEMBER 15, 2009
partnership ("Logan"), in the assets used in the operation of the hotel known as the
Executive Inn (the "Hotel") and the convention center known as the Julian M. Carroll
Convention Center, and the Paducah Expo Center (the "Convention Center") (the
Hotel and the Convention Center shall collectively be referred to as the "Facilities"),
located at 1 Executive Boulevard, Paducah, Kentucky 42001, including, without
limitation, the leases, licenses, permits, buildings, fixtures, improvements, equipment,
furnishings and other personal property used in connection with the operation of the
Facilities, for the purchase price of One Million Eight Hundred Thousand Dollars
($1,800,000.00). It is hereby found and determined that the acquisition is property to
be used for the public purposes of the City. Further, this Ordinance authorizes the
City of Paducah, Kentucky, to negotiate and settle, at a reduced amount, all valid
liens and utilities encumbering the Assets and the Facilities upon such terms and
conditions and in such amounts as are acceptable to the City Manager.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). ORD.#2009-12-7638; BK 32; PG
ACQUISITION OF HOTEL PROPERTY FROM CONVENTION CENTER
CORPORATION
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the
Board of Commissioners adopt an ordinance entitled, "AN ORDINANCE
AUTHORIZING AND APPROVING THE ACQUISITION IN FEE OF THE REAL
PROPERTY FROM THE PADUCAH-MCCRACKEN COUNTY CONVENTION
CENTER CORPORATION USED IN CONNECTION WITH THE OPERATION
OF THE HOTEL FACILITY KNOWN GENERALLY AS THE "EXECUTIVE
INN", FOR THE PUBLIC PURPOSE OF PROMOTING AND FOSTERING
TOURISM AND CONVENTION ACTIVITY." This ordinance is summarized as
follows: This Ordinance authorizes the City of Paducah, Kentucky, to acquire in fee
from the CCC the real property used and occupied for the operation of the hotel
known as the Executive Inn (the "Hotel"), located at 1 Executive Boulevard,
Paducah, Kentucky 42001, for nominal consideration. It is hereby found and
determined that the acquisition is property to be used for the public purposes of the
City. Further, this Ordinance authorizes the City of Paducah, Kentucky, to terminate
the long-term leases currently held by the City, as tenant, and the CCC, as landlord,
for the use and operation of the Hotel and the Convention Center complex.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). ORD. 2009-12-7639; BK 32; PG
PURCHASE 5 CHEVROLET IMPALAS FROM STATE CONTRACT FOR POLICE
DEPARTMENT
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
PURCHASE OF FIVE 2010 CHEVROLET IMPALAS FOR THE CITY OF PADUCAH'S
POLICE DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME". This ordinance is summarized as follows: That the Finance
Director is authorized to pay the total sum of $104,630.00 to Bachman Commercial for the
purchase of five 2010 Chevrolet Impalas for the City of Paducah's Police Department, and
authorizes the Mayor to execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). ORD.#2009-12-7640; BK 32; PG
HUMANA PLAN MANAGEMENT AGREEMENT
Commissioner Gault offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE A PLAN MANAGEMENT AGREEMENT BETWEEN THE
CITY OF PADUCAH, HUMANA INSURANCE COMPANY, AND HUMANADENTAL
INSURANCE COMPANY." This ordinance is summarized as follows: The Mayor is
hereby authorized to execute a Plan Management Agreement between the City of Paducah,
Humana Insurance Company, and HumanaDental Insurance Company for services as the
City's Third Party Administrator for health insurance administration. Said Agreement is
effective January 1, 2010.
DECEMBER 15, 2009
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). ORD.#2009-12-7641; BK 32; PG
HUMANA STOP LOSS AGREEMENT
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE
PREMIUM RATES FOR STOP LOSS INSURANCE COVERAGE WITH HUMANA
INSURANCE FOR THE GROUP HEALTH INSURANCE PLAN FOR THE CITY OF
PADUCAH, KENTUCKY AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR SAME." This ordinance is summarized as follows: That the City of
Paducah accepts the rates offered through Humana Insurance Company for Stop Loss
Insurance Coverage for the group health insurance plan for the City of Paducah, Kentucky.
Effective January 1, 2010, the stop loss premiums are as follows:
1) $150,000 deductible covering each covered person at a monthly rate of
$5.69 for employee only, $11.38 for employee and spouse, $10.81 for
employee and child(ren) and $18.20 for family; and
2) Aggregate stop loss insurance with Humana with a maximum City
liability of $2,367,129 of total claims combined at a monthly rate of
$18.51 for employee only, $37.02 for employee and spouse, $35.17 for
employee and child(ren) and $59.24 for family.
Further, the Mayor is hereby authorized to execute a contract with Humana Insurance
Company for the stop loss coverage.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). ORD.#2009-12-7642; BK 32; PG
AUTHORIZE CONTRACT WITH GREG CARLTON CONSULTANT/PEEL AND
HOLLAND
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT WITH PEEL & HOLLAND CONSULTING TO
PROVIDE CONSULTING SERVICES REGARDING THE CITY OF PADUCAH'S
HEALTH INSURANCE". This ordinance is summarized as follows: That the Mayor is
hereby authorized to execute a contract with Peel & Holland Consulting in the amount of
$60,000 for consulting services on issues pertaining to the administration of the City of
Paducah's health insurance for 2010. An additional fee of $200 per hour, subject to a
minimum retainer of $5,000.00 will be charged for services requested by the City or the
City's legal counsel.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). ORD.#2009-12-7643; BK 32; PG
ORDINANCE TO PURCHASE PROPERTY FOR SPORTS PARK
Commissioner Gault offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE AUTHORIZING AND
APPROVING THE PURCHASE OF 164.7482 ACRES OF REAL PROPERTY LOCATED
AT 1105 SHEEHAN BRIDGE ROAD, PADUCAH, MCCRACKEN COUNTY,
KENTUCKY, FROM L. WAYNE LINDSEY AND WIFE, LINDA LINDSEY, FOR THE
DEVELOPMENT OF A PUBLIC PROJECT." This ordinance is summarized as follows:
This Ordinance authorizes the City of Paducah, Kentucky, to purchase the real property located
at 1105 Sheehan Bridge Road, Paducah, McCracken County, Kentucky (the "Property"), for
purposes of the development of a public sports complex from L. Wayne Lindsey and wife,
Linda Lindsey, for the purchase price of Nine Hundred Thousand Dollars ($900,000.00).
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). ORD.#2009-12-7644; BK 32; PG
PURCHASE OF PAVILION
Commissioner Kaler offered motion, seconded by Commissioner Watkins, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE ACCEPTING THE BID OF
ARIZON STRUCTURES FOR THE PURCHASE OF AN AIR DOME STRUCTURE PLUS
INITIAL BREAKDOWN AND STORAGE FOR THE PRIMARY USE OF THE AQS
QUILT SHOW AND CONTEST EVENT, AND AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR SAME." This ordinance is summarized as follows: That
the City of Paducah accepts the bid of Arizon Structures in the amount of $807,929.00, for
DECEMBER 15, 2009
the purchase and assembly of an air dome structure, plus $6,300 for the initial breakdown
and storage, for the primary use of the AQS Quilt Show and Contest Event, and authorizes
the Mayor to execute a contract for same.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). ORD.#2009-12-7645; BK 32; PG
CREDIT BUREAU SYSTEMS ECONOMIC DEVELOPMENT INCENTIVE
Commissioner Watkins offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners adopt an ordinance entitled, "AN ORDINANCE OF THE CITY OF
PADUCAH, KENTUCKY, APPROVING A MEMORANDUM OF UNDERSTANDING
AMONG THE CITY OF PADUCAH, KENTUCKY, THE GREATER PADUCAH
ECONOMIC DEVELOPMENT COUNCIL, AND CREDIT BUREAU SYSTEMS, INC.,
WITH RESPECT TO A PUBLIC PROJECT; AND AUTHORIZING THE EXECUTION OF
VARIOUS DOCUMENTS RELATED TO SUCH MEMORANDUM OF
UNDERSTANDING." This ordinance is summarized as follows: The City hereby approves
the Memorandum of Understanding among Credit Bureau, the City, and the GPEDC for the
Credit Bureau Expansion Project in the Information Age Park in Paducah, Kentucky;
authorizes a cash grant economic incentive of $120,000 to be paid in equal installments over
three years; and authorizes the Mayor to execute said Memorandum of Understanding and all
other documents necessary to complete the transaction.
Adopted on call of the roll, yeas, Commissioners Gault, Kaler, Watkins and Mayor Paxton
(4). ORD.#2009-12-7646; BK 32; PG
ORDINANCES — INTRODUCTION
ARCHITECTURAL SERVICES FOR THE PAVILION PROJECT
Commissioner Gault offered motion, seconded by Commissioner Kaler, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE AUTHORIZING THE
MAYOR TO EXECUTE AN ARCHITECTURAL SERVICES AGREEMENT FOR THE
DESIGN AND DEVELOPMENT OF THE PAVILION PROJECT." This ordinance is
summarized as follows: That the Mayor is hereby authorized to execute an Architectural
Services Agreement between the City of Paducah, Kentucky, and Peck Flannery Gream &
Warren, in an amount not to exceed $50,000, for the Total Basic Compensation plus
reimbursement expenses as listed in the Agreement for the design and development of the
Pavilion Project.
CITY MANAGER REPORT
• Mr. Zumwalt distributed a copy of the holiday calendar to the Commission
• Steve Ervin, Planning Director, will be Acting City Manager over the holidays. The
City Manager will be out of the office.
• Pauper/Indigent Burials
Due to a discussion at the McCracken County Fiscal Court meeting last night
regarding the City paying half of the pauper burial costs for FY2010, Mayor Paxton
asked the City Manager to explain how the Kentucky statutes gives responsibility to
counties for the expenses and responsibility. After Mr. Zumwalt explained, according
to the statutes, the County/Coroner is responsible for the burial expenses. It was then
discussed if the City would agree to pay half. After much discussion among the
Commission, the Mayor decided, with the Commission's permission that he and the
City Manager would reserve the issue work to with the Fiscal Court and Coroner.
Upon motion the meeting adjourned.
ADOPTED: January /a , 2010
jalrn�0,6 60'. (31t-LXk
City Clerk